Legal Opinion

Woolfolk v. Buckner

Supreme Court of Arkansas

Decided February 3, 1900PublishedCited by 14 opinions

Appeal from Chicot Circuit Court. Appellant has the rightful tittle to the land in controversy, and appellee’s tax-title is void. 60 Ark. 163. Appellee had no constructive possession of the land. Tied. Real Prop. § 696; 57 Ark. 527; 60 Ark. 163. Disseizin, by election of the owner to so treat it for the purpose of an ejectment suit, does not create such an adverse possession as will ripen to good title. Tied.

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Appeal from Chicot Circuit Court. Appellant has the rightful tittle to the land in controversy, and appellee’s tax-title is void. 60 Ark. 163. Appellee had no constructive possession of the land. Tied. Real Prop. § 696; 57 Ark. 527; 60 Ark. 163. Disseizin, by election of the owner to so treat it for the purpose of an ejectment suit, does not create such an adverse possession as will ripen to good title. Tied. Real Prop. §§ 698, 695, 693. A void tax deed, coupled with actual possession for two years, becomes a good title by limitation.

1Opinion of the CourtHughes, J.

This suit was brought by appellant to recover certain lands described 'in his complaint. There was judgment for the appellee, and the judgment was reversed, and, upon a retrial of the cause in the court below, there was judgment for appellee again, and the case is here now on a second appeal. The title to the lands was originally in the appellant, and he had possession. The appellee claims under a void tax title and two years’ adverse possession, relying upon section 4475 of Mansfield’s Digest (Sand. & H. Dig., § 4819), and former decisions of this court holding that two years’ adverse…

2Cases cited1 opinion

  1. Woolfork v. BucknerSupreme Court of Arkansas · 1895

3Cited by14 opinions

  1. Crill v. HudsonSupreme Court of Arkansas · 1903
  2. Connerly v. DickinsonSupreme Court of Arkansas · 1906
  3. Carpenter v. SmithSupreme Court of Arkansas · 1905
  4. Chavis v. HenrySupreme Court of Arkansas · 1943
  5. Adams v. BruderSupreme Court of Arkansas · 1982

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